Legal Question in Wills and Trusts in New York

If a party owns 1/8 of a share in a house from an estate will and the primary resident owns 5/8 share and her credit is poor, how do I force the sale of the house so myself and two other siblings can get our shares?


Asked on 4/17/11, 7:35 am

2 Answers from Attorneys
Arnold Nager Arnold H. Nager, Esquire

A lawsuit for a forced sale of the property. This is called an action for Partition.

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Answered on 4/17/11, 7:37 am
Michael Markowitz Michael A. Markowitz, PC

Mr. Nager's answer is too simple based upon the limited facts in the question. In particular, please re-post the question and let us know whether an Executor's deed was filed placing the names in all 8 individuals, or, whether the house is still in the decedent's name. This is important since you are unable to commence a partition action if you are not the legal owner of the house.

Mike.

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Answered on 4/18/11, 5:42 am


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